NRS 193.010Definitions.As
used in this title, unless the context otherwise requires, the words and terms
defined in NRS 193.011 to 193.0245,
inclusive, have the meanings ascribed to them in those sections.

NRS 193.012“Break” defined.“Break,”
when used in connection with the crime of burglary, includes:

1. Breaking or violently detaching any
part, internal or external, of a building.

2. Opening, for the purpose of entering
therein, any outer door of a building or of any room, apartment or set of
apartments therein separately used and occupied, or any window, shutter,
scuttle or other thing used for covering or closing any opening thereto or
therein, or which gives passage from one part thereof to another.

3. Obtaining entrance into such building
or apartment by any threat or artifice, used for that purpose, or by collusion
with any person therein.

4. Entering such building, room or
apartment by or through any pipe, chimney or other opening, or by excavating or
digging through or under a building or the walls or foundation thereof.

NRS 193.0125“Building” defined.“Building”
includes every house, shed, boat, watercraft, railway car, tent or booth,
whether completed or not, suitable for affording shelter for any human being,
or as a place where any property is or will be kept for use, sale or deposit.

NRS 193.013“Corrupt” and “corruptly” defined.“Corrupt”
and “corruptly” import a wrongful desire of a person to acquire or cause some
pecuniary or other advantage to himself or herself or another person.

NRS 193.014“Dwelling house” defined.“Dwelling
house” includes every building or structure which has been usually occupied by
a person lodging therein at night, and whenever it is so constructed as to
consist of two or more parts or rooms occupied or intended to be occupied,
whether permanently or temporarily, by different tenants separately by usually
lodging therein at night, or for any other separate purpose, each part shall be
deemed a separate dwelling house of the tenant occupying it.

NRS 193.0145“Enter” defined.“Enter,”
when constituting an element or part of a crime, includes the entrance of the
offender, or the insertion of any part of the body of the offender, or of any
instrument or weapon held in the offender’s hand and used or intended to be
used to threaten or intimidate a person, or to detach or remove property.

NRS 193.0148“Gender identity or expression” defined.“Gender identity or expression” means the
gender-related identity, appearance, expression or behavior of a person,
regardless of the person’s assigned sex at birth.

NRS 193.0155“Indicted,” “indictment,” “informed against” and “information”
defined.“Indicted” and “indictment”
include “informed against” and “information”; and “informed against” and
“information” include “indicted” and “indictment.”

NRS 193.017“Knowingly” defined.“Knowingly”
imports a knowledge that the facts exist which constitute the act or omission
of a crime, and does not require knowledge of its unlawfulness. Knowledge of
any particular fact may be inferred from the knowledge of such other facts as
should put an ordinarily prudent person upon inquiry.

NRS 193.0175“Malice” and “maliciously” defined.“Malice”
and “maliciously” import an evil intent, wish or design to vex, annoy or injure
another person. Malice may be inferred from an act done in willful disregard of
the rights of another, or an act wrongfully done without just cause or excuse,
or an act or omission of duty betraying a willful disregard of social duty.

NRS 193.018“Neglect,” “negligence,” “negligent” and “negligently” defined.“Neglect,” “negligence,” “negligent” and
“negligently” import a want of such attention to the nature or probable
consequences of an act or omission as an ordinarily prudent person usually
exercises in his or her own business.

NRS 193.0195“Owner” defined.“Owner”
of any property includes any person who has a general or special property in
the whole or any part thereof, or lawful possession thereof, either actual or
constructive.

NRS 193.0205“Person” defined.“Person”
includes this State or any other state, government or country which may
lawfully own property within this State whenever it is used to designate a
party whose property may be the subject of an offense.

NRS 193.021“Personal property” defined.“Personal
property” includes dogs and all domestic animals and birds, water, gas and
electricity, all kinds or descriptions of money, chattels and effects, all
instruments or writings completed and ready to be delivered or issued by the
maker, whether actually delivered or issued or not, by which any claim,
privilege, right, obligation or authority, or any right or title to property,
real or personal, is or purports to be, or upon the happening of some future
event may be evidenced, created, acknowledged, transferred, increased,
diminished, encumbered, defeated, discharged or affected, and every right and
interest therein.

NRS 193.045Repeated conviction as element or aggravation of offense: Place
of former conviction immaterial.Wherever
it is provided in any section of this title that a repeated conviction
constitutes an element of an offense or aggravates an offense and affects the
determination of penalty, it is immaterial whether such former conviction was
obtained in Nevada or elsewhere.

1. No conduct constitutes a crime unless
prohibited by some statute of this State or by some ordinance or like enactment
of a political subdivision of this State.

2. An act which is declared to be unlawful
by any statute, ordinance or like enactment is prohibited within the meaning of
this section and of NRS 193.170.

3. The provisions of the common law
relating to the definition of public offenses apply to any public offense which
is so prohibited but is not defined, or which is so prohibited but is
incompletely defined.

4. This section does not affect the power
of a court to punish for contempt or to employ any sanction authorized by law
for the enforcement of an order or a civil judgment or decree.

[1911 C&P § 35; RL § 6300; NCL § 9984]—(NRS A
1967, 458)

NRS 193.060Construction of provisions similar to existing laws.The provisions of this title, insofar as they
are substantially the same as existing statutes, shall be construed as
continuations thereof and not as new enactments.

[1911 C&P § 36; RL § 6301; NCL § 9985]

NRS 193.070Effect of provisions upon past offenses.Nothing contained in any provision of this
title shall apply to an offense committed or act done at any time before the day
when this title shall take effect. Such an offense shall be punished according
to, and such act shall be governed by, the provisions of law existing when it
is done or committed, in the same manner as if this title had not been passed.

1. Any repeal, express or implied, of any
statute shall not release or extinguish any penalty, forfeiture or liability
incurred under such statute, unless the repealing act expressly so provides.

2. The repeal of any law creating a
criminal offense does not constitute a bar to the indictment or information and
punishment of an act already committed in violation of the law so repealed,
unless the intention to bar the indictment and information and punishment is
expressly declared in the repealing statute.

(Added to NRS by 1971, 144)

NRS 193.080Application to existing civil rights.Nothing
in this title shall be deemed to affect any civil right or remedy existing at the
time when it shall take effect by virtue of the common law or of the provision
of any statute.

[1911 C&P § 32; RL § 6297; NCL § 9981]

NRS 193.090Civil remedies preserved.The
omission to specify or affirm in this title any liability to any damages,
penalty, forfeiture or other remedy imposed by law, and allowed to be recovered
or enforced in any civil action or proceeding, for any act or omission declared
punishable in this title, shall not affect any right to recover or enforce the
same.

[1911 C&P § 37; RL § 6302; NCL § 9986]

NRS 193.100Proceedings to impeach or remove officers and others preserved.The omission to specify or affirm in this
title any ground of forfeiture of a public office, or other trust or special
authority conferred by law, or any power conferred by law to impeach, remove,
depose or suspend any public officer or other person holding any trust,
appointment or other special authority conferred by law, shall not affect such
forfeiture or power, or any proceeding authorized by law to carry into effect
such impeachment, removal, deposition or suspension.

[1911 C&P § 33; RL § 6298; NCL § 9982]

NRS 193.105Termination of employment, removal from office or impeachment of
public employee or officer upon conviction for sale of controlled substance.

1. If, during the course of his or her
employment, an employee of the State or of any political subdivision of the
State is convicted on or after October 1, 1989, of violating any federal or
state law prohibiting the sale of any controlled substance, the employer upon
discovery of the conviction shall terminate the employment of the employee.

2. If, during the course of his or her
tenure in office, an officer of any county, city or township of the State is
convicted on or after October 1, 1989, of violating any federal or state law
prohibiting the sale of any controlled substance, the court as part of the
penalty for such a conviction shall remove the officer from office.

3. If, during the course of his or her
tenure in office, an elected or appointed officer of the State is convicted on
or after October 1, 1989, of violating any federal or state law prohibiting the
sale of any controlled substance, the prosecuting officer who obtained the
conviction shall file a certified copy of the judgment roll with the Secretary
of State. The Secretary of State shall lay the certified copy of the judgment
roll before the appropriate House of the Legislature at its next session.

4. This section does not apply to a
justice or judge of the court system.

NRS 193.110Authority of courts-martial unaffected; punishment for contempt
unaffected.This title does not
affect any power conferred by law upon any court-martial, or other military
authority, or officer, to impose or inflict punishment upon offenders; nor any
power conferred by law upon any public body, tribunal or officer, to impose or
inflict punishment for a contempt.

[1911 C&P § 34; RL § 6299; NCL § 9983]

NRS 193.120Classification of crimes.

1. A crime is an act or omission forbidden
by law and punishable upon conviction by death, imprisonment, fine or other
penal discipline.

2. Every crime which may be punished by
death or by imprisonment in the state prison is a felony.

3. Every crime punishable by a fine of not
more than $1,000, or by imprisonment in a county jail for not more than 6
months, is a misdemeanor.

1. Except when a person is convicted of a
category A felony, and except as otherwise provided by specific statute, a
person convicted of a felony shall be sentenced to a minimum term and a maximum
term of imprisonment which must be within the limits prescribed by the
applicable statute, unless the statute in force at the time of commission of
the felony prescribed a different penalty. The minimum term of imprisonment
that may be imposed must not exceed 40 percent of the maximum term imposed.

2. Except as otherwise provided by
specific statute, for each felony committed on or after July 1, 1995:

(a) A category A felony is a felony for which a
sentence of death or imprisonment in the state prison for life with or without
the possibility of parole may be imposed, as provided by specific statute.

(b) A category B felony is a felony for which the
minimum term of imprisonment in the state prison that may be imposed is not
less than 1 year and the maximum term of imprisonment that may be imposed is not
more than 20 years, as provided by specific statute.

(c) A category C felony is a felony for which a
court shall sentence a convicted person to imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 5
years. In addition to any other penalty, the court may impose a fine of not
more than $10,000, unless a greater fine is authorized or required by statute.

(d) A category D felony is a felony for which a
court shall sentence a convicted person to imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 4
years. In addition to any other penalty, the court may impose a fine of not
more than $5,000, unless a greater fine is authorized or required by statute.

(e) A category E felony is a felony for which a
court shall sentence a convicted person to imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 4
years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100, upon sentencing a person
who is found guilty of a category E felony, the court shall suspend the
execution of the sentence and grant probation to the person upon such
conditions as the court deems appropriate. Such conditions of probation may
include, but are not limited to, requiring the person to serve a term of
confinement of not more than 1 year in the county jail. In addition to any
other penalty, the court may impose a fine of not more than $5,000, unless a
greater penalty is authorized or required by statute.

NRS 193.140Punishment of gross misdemeanors.Every
person convicted of a gross misdemeanor shall be punished by imprisonment in
the county jail for not more than 364 days, or by a fine of not more than
$2,000, or by both fine and imprisonment, unless the statute in force at the
time of commission of such gross misdemeanor prescribed a different penalty.

1. Every person convicted of a misdemeanor
shall be punished by imprisonment in the county jail for not more than 6
months, or by a fine of not more than $1,000, or by both fine and imprisonment,
unless the statute in force at the time of commission of such misdemeanor
prescribed a different penalty.

2. In lieu of all or a part of the
punishment which may be imposed pursuant to subsection 1, the convicted person
may be sentenced to perform a fixed period of community service pursuant to the
conditions prescribed in NRS 176.087.

NRS 193.155Penalty for public offense proportionate to value of property
affected or loss resulting from offense.Every
person who is guilty of a public offense proportionate to the value of the
property affected or the loss resulting from the offense shall be punished as
follows:

1. Where the value of the loss is $5,000
or more or where the damage results in impairment of public communication,
transportation or police and fire protection, for a category C felony as
provided in NRS 193.130.

2. Where the value of the loss is $250 or
more but less than $5,000, for a gross misdemeanor.

3. Where the value of the loss is $25 or
more but less than $250, for a misdemeanor.

4. Where the value of the loss is less
than $25, by a fine of not more than $500.

NRS 193.160Penalty for misdemeanor by corporations when not fixed by
statute.In all cases where a
corporation is convicted of an offense for the commission of which a natural
person would be punishable as for a misdemeanor, and there is no other
punishment prescribed by law, the corporation is punishable by a fine not
exceeding $1,000.

NRS 193.1605Minimum punishment for gross misdemeanor committed on property
of school, at activity sponsored by school or on school bus.

1. Any person who commits a gross
misdemeanor on the property of a public or private school, at an activity
sponsored by a public or private school, or on a school bus or at a bus stop
used to load and unload a school bus while the bus is engaged in its official
duties:

(a) Shall be punished by imprisonment in the
county jail for not fewer than 15 days but not more than 364 days; and

(b) In addition to imprisonment, may be punished
by a fine of not more than $2,000.

2. For the purposes of this section,
“school bus” has the meaning ascribed to it in NRS 483.160.

NRS 193.161Additional or alternative penalty: Felony committed on property
of school, at activity sponsored by school or on school bus.

1. Except as otherwise provided in
subsection 3 and NRS 193.169, any person who
commits a felony on the property of a public or private school, at an activity
sponsored by a public or private school or on a school bus while the bus is
engaged in its official duties shall, in addition to the term of imprisonment
prescribed by statute for the crime, be punished by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of not
more than 20 years. In determining the length of the additional penalty
imposed, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the
person; and

(e) Any other relevant information.

Ê The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.

2. The sentence prescribed by this
section:

(a) Must not exceed the sentence imposed for the
crime; and

(b) Runs consecutively with the sentence
prescribed by statute for the crime.

3. Unless a greater penalty is provided by
specific statute and except as otherwise provided in NRS
193.169, in lieu of an additional term of imprisonment as provided pursuant
to subsections 1 and 2, if a felony that resulted in death or substantial
bodily harm to the victim was committed on the property of a public or private
school when pupils or employees of the school were present or may have been
present, at an activity sponsored by a public or private school or on a school
bus while the bus was engaged in its official duties, and the person who
committed the felony intended to create a great risk of death or substantial
bodily harm to more than one person by means of a weapon, device or course of
action that would normally be hazardous to the lives of more than one person,
the felony may be deemed a category A felony and the person who committed the
felony may be punished by imprisonment in the state prison:

(a) For life without the possibility of parole;

(b) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 20 years has been served; or

(c) For a definite term of 50 years, with
eligibility for parole beginning when a minimum of 20 years has been served.

4. Subsections 1 and 2 do not create a
separate offense but provide an additional penalty for the primary offense, the
imposition of which is contingent upon the finding of the prescribed fact.
Subsection 3 does not create a separate offense but provides an alternative
penalty for the primary offense, the imposition of which is contingent upon the
finding of the prescribed fact.

5. For the purposes of this section,
“school bus” has the meaning ascribed to it in NRS 483.160.

1. Except as otherwise provided in NRS 193.169 and 454.306,
an adult who, with the assistance of a child:

(a) Commits a crime that is punishable as a
category A or a category B felony shall, in addition to the term of
imprisonment prescribed by statute for the crime, be punished by imprisonment
in the state prison for a minimum term of not less than 1 year and a maximum
term of not more than 20 years.

(b) Commits any felony other than a category A or
a category B felony shall, in addition to the term of imprisonment prescribed
by statute for the crime, be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than 20
years.

2. In determining the length of the
additional penalty imposed pursuant to this section, the court shall consider
the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the
person; and

(e) Any other relevant information.

Ê The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.

3. An additional sentence prescribed by
this section:

(a) Must not exceed the sentence imposed for the
crime; and

(b) Runs consecutively with the sentence
prescribed by statute for the crime.

4. This section does not create a separate
offense but provides an additional penalty for the primary offense, whose
imposition is contingent upon the finding of the prescribed fact.

NRS 193.163Additional penalty: Use of handgun containing metal-penetrating
bullet in commission of crime.

1. Except as otherwise provided in NRS 193.169, any person who uses a handgun containing
a metal-penetrating bullet in the commission of a crime shall, in addition to
the term of imprisonment prescribed by statute for the crime, be punished by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 20 years. In determining the length of the
additional penalty imposed, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the
person; and

(e) Any other relevant information.

Ê The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.

2. The sentence prescribed by this
section:

(a) Must not exceed the sentence imposed for the
crime; and

(b) Runs consecutively with the sentence
prescribed by statute for the crime.

3. This section does not create a separate
offense but provides an additional penalty for the primary offense, whose
imposition is contingent upon the finding of the prescribed fact.

4. As used in this section,
“metal-penetrating bullet” has the meaning ascribed to it in NRS 202.273.

NRS 193.165Additional penalty: Use of deadly weapon or tear gas in
commission of crime; restriction on probation.

1. Except as otherwise provided in NRS 193.169, any person who uses a firearm or other
deadly weapon or a weapon containing or capable of emitting tear gas, whether
or not its possession is permitted by NRS
202.375, in the commission of a crime shall, in addition to the term of
imprisonment prescribed by statute for the crime, be punished by imprisonment
in the state prison for a minimum term of not less than 1 year and a maximum
term of not more than 20 years. In determining the length of the additional
penalty imposed, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the
person; and

(e) Any other relevant information.

Ê The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.

2. The sentence prescribed by this section:

(a) Must not exceed the sentence imposed for the
crime; and

(b) Runs consecutively with the sentence
prescribed by statute for the crime.

3. This section does not create any
separate offense but provides an additional penalty for the primary offense,
whose imposition is contingent upon the finding of the prescribed fact.

4. The provisions of subsections 1, 2 and
3 do not apply where the use of a firearm, other deadly weapon or tear gas is a
necessary element of such crime.

5. The court shall not grant probation to
or suspend the sentence of any person who is convicted of using a firearm,
other deadly weapon or tear gas in the commission of any of the following
crimes:

(a) Murder;

(b) Kidnapping in the first degree;

(c) Sexual assault; or

(d) Robbery.

6. As used in this section, “deadly
weapon” means:

(a) Any instrument which, if used in the ordinary
manner contemplated by its design and construction, will or is likely to cause
substantial bodily harm or death;

(b) Any weapon, device, instrument, material or
substance which, under the circumstances in which it is used, attempted to be
used or threatened to be used, is readily capable of causing substantial bodily
harm or death; or

NRS 193.166Additional penalty: Felony committed in violation of order for
protection or order to restrict conduct; restriction on probation.

1. Except as otherwise provided in NRS 193.169, a person who commits a crime that is
punishable as a felony, other than a crime that is punishable as a felony
pursuant to subsection 6 of NRS 33.400,
subsection 5 of NRS 200.591 or
subsection 5 of NRS 200.378, in
violation of:

(a) A temporary or extended order for protection
against domestic violence issued pursuant to NRS
33.020;

(b) An order for protection against harassment in
the workplace issued pursuant to NRS 33.270;

(c) A temporary or extended order for the
protection of a child issued pursuant to NRS
33.400;

(d) An order for protection against domestic
violence issued in an action or proceeding brought pursuant to title 11 of NRS;

Ê shall, in
addition to the term of imprisonment prescribed by statute for the crime, be
punished by imprisonment in the state prison, except as otherwise provided in
this subsection, for a minimum term of not less than 1 year and a maximum term
of not more than 20 years. If the crime committed by the person is punishable
as a category A felony or category B felony, in addition to the term of
imprisonment prescribed by statute for that crime, the person shall be punished
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 5 years.

2. In determining the length of the
additional penalty imposed pursuant to this section, the court shall consider
the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the
person; and

(e) Any other relevant information.

Ê The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.

3. The sentence prescribed by this
section:

(a) Must not exceed the sentence imposed for the
crime; and

(b) Runs concurrently or consecutively with the
sentence prescribed by statute for the crime, as ordered by the court.

4. The court shall not grant probation to
or suspend the sentence of any person convicted of attempted murder, battery
which involves the use of a deadly weapon, battery which results in substantial
bodily harm or battery which is committed by strangulation as described in NRS 200.481 or 200.485 if an additional term of
imprisonment may be imposed for that primary offense pursuant to this section.

5. This section does not create a separate
offense but provides an additional penalty for the primary offense, whose
imposition is contingent upon the finding of the prescribed fact.

NRS 193.167Additional penalty: Certain crimes committed against person 60
years of age or older or against vulnerable person.

1. Except as otherwise provided in NRS 193.169, any person who commits the crime of:

(a) Murder;

(b) Attempted murder;

(c) Assault;

(d) Battery;

(e) Kidnapping;

(f) Robbery;

(g) Sexual assault;

(h) Embezzlement of, or attempting or conspiring
to embezzle, money or property of a value of $650 or more;

(i) Obtaining, or attempting or conspiring to
obtain, money or property of a value of $650 or more by false pretenses; or

(j) Taking money or property from the person of
another,

Ê against any
person who is 60 years of age or older or against a vulnerable person shall, in
addition to the term of imprisonment prescribed by statute for the crime, be
punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment
in the county jail for a term equal to the term of imprisonment prescribed by
statute for the crime, and, if the crime is a felony, by imprisonment in the
state prison for a minimum term of not less than 1 year and a maximum term of
not more than 20 years.

2. Except as otherwise provided in NRS 193.169, any person who commits a criminal
violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of
age or older or against a vulnerable person shall, in addition to the term of
imprisonment prescribed by statute for the criminal violation, be punished, if
the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment
in the county jail for a term equal to the term of imprisonment prescribed by
statute for the criminal violation, and, if the criminal violation is a felony,
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 20 years.

3. In determining the length of the
additional penalty imposed pursuant to this section, the court shall consider
the following information:

(a) The facts and circumstances of the crime or
criminal violation;

(b) The criminal history of the person;

(c) The impact of the crime or criminal violation
on any victim;

(d) Any mitigating factors presented by the
person; and

(e) Any other relevant information.

Ê The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.

4. The sentence prescribed by this section
must run consecutively with the sentence prescribed by statute for the crime or
criminal violation.

5. This section does not create any
separate offense but provides an additional penalty for the primary offense,
whose imposition is contingent upon the finding of the prescribed fact.

6. As used in this section, “vulnerable
person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

1. Except as otherwise provided in
subsection 5 and NRS 193.169, any person who is
convicted of a felony committed knowingly for the benefit of, at the direction
of, or in affiliation with, a criminal gang, with the specific intent to
promote, further or assist the activities of the criminal gang, shall, in
addition to the term of imprisonment prescribed by statute for the crime, be
punished by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 20 years. In determining the
length of the additional penalty imposed, the court shall consider the
following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the
person; and

(e) Any other relevant information.

Ê The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.

2. The sentence prescribed by this
section:

(a) Must not exceed the sentence imposed for the
crime; and

(b) Runs consecutively with the sentence
prescribed by statute for the crime.

3. This section does not create any
separate offense but provides an additional penalty for the primary offense,
whose imposition is contingent upon the finding of the prescribed fact.

4. The court shall not impose an
additional penalty pursuant to this section unless:

(a) The indictment or information charging the
defendant with the primary offense alleges that the primary offense was
committed knowingly for the benefit of, at the direction of, or in affiliation
with, a criminal gang, with the specific intent to promote, further or assist
the activities of the criminal gang; and

(b) The trier of fact finds that allegation to be
true beyond a reasonable doubt.

5. The court shall not impose an
additional penalty pursuant to this section if the primary offense is a violation
of NRS 201.570.

6. Except as otherwise provided in this
subsection, the court shall not grant probation to or suspend the sentence of
any person convicted of a felony committed for the benefit of, at the direction
of, or in affiliation with, a criminal gang if an additional term of
imprisonment may be imposed for that primary offense pursuant to this section.
The court may, upon the receipt of an appropriate motion, reduce or suspend the
sentence imposed for the primary offense if it finds that the defendant
rendered substantial assistance in the arrest or conviction of any other
principals, accomplices, accessories or coconspirators to the crime, or of any
other persons involved in the commission of a felony which was committed for
the benefit of, at the direction of, or in affiliation with, a criminal gang.
The agency which arrested the defendant must be given an opportunity to support
or oppose such a motion before it is granted or denied. If good cause is shown,
the motion may be heard in camera.

7. In any proceeding to determine whether
an additional penalty may be imposed pursuant to this section, expert testimony
is admissible to show particular conduct, status and customs indicative of
criminal gangs, including, but not limited to:

(a) Characteristics of persons who are members of
criminal gangs;

(b) Specific rivalries between criminal gangs;

(c) Common practices and operations of criminal
gangs and the members of those gangs;

(d) Social customs and behavior of members of
criminal gangs;

(e) Terminology used by members of criminal
gangs;

(f) Codes of conduct, including criminal conduct,
of particular criminal gangs; and

(g) The types of crimes that are likely to be
committed by a particular criminal gang or by criminal gangs in general.

8. As used in this section, “criminal
gang” means any combination of persons, organized formally or informally, so
constructed that the organization will continue its operation even if individual
members enter or leave the organization, which:

(a) Has a common name or identifying symbol;

(b) Has particular conduct, status and customs
indicative of it; and

(c) Has as one of its common activities engaging
in criminal activity punishable as a felony, other than the conduct which
constitutes the primary offense.

NRS 193.1685Additional or alternative penalty: Felony committed with intent
to commit, cause, aid, further or conceal act of terrorism.

1. Except as otherwise provided in this
section and NRS 193.169, any person who commits a
felony with the intent to commit, cause, aid, further or conceal an act of
terrorism shall, in addition to the term of imprisonment prescribed by statute
for the crime, be punished by imprisonment in the state prison for a minimum
term of not less than 1 year and a maximum term of not more than 20 years. In
determining the length of the additional penalty imposed pursuant to this
section, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the
person; and

(e) Any other relevant information.

Ê The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.

2. The sentence prescribed by this
section:

(a) Must not exceed the sentence imposed for the
crime; and

(b) Runs consecutively with the sentence
prescribed by statute for the crime.

3. Unless a greater penalty is provided by
specific statute and except as otherwise provided in NRS
193.169, in lieu of an additional term of imprisonment as provided pursuant
to subsections 1 and 2, if a felony that resulted in death or substantial
bodily harm to the victim was committed with the intent to commit, cause, aid,
further or conceal an act of terrorism, the felony may be deemed a category A
felony and the person who committed the felony may be punished by imprisonment
in the state prison:

(a) For life without the possibility of parole;

(b) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 20 years has been served; or

(c) For a definite term of 50 years, with
eligibility for parole beginning when a minimum of 20 years has been served.

4. Subsections 1 and 2 do not create a
separate offense but provide an additional penalty for the primary offense, the
imposition of which is contingent upon the finding of the prescribed fact.
Subsection 3 does not create a separate offense but provides an alternative
penalty for the primary offense, the imposition of which is contingent upon the
finding of the prescribed fact.

5. The provisions of this section do not
apply to an offense committed in violation of NRS 202.445.

6. As used in this section, “act of
terrorism” has the meaning ascribed to it in NRS 202.4415.

(a) Affect other penalties or limitations upon
probation or suspension of a sentence contained in the sections listed in
subsection 1 or 2.

(b) Prohibit alleging in the alternative in the
indictment or information that the person’s conduct satisfies the requirements
of more than one of the sections listed in subsection 1 or 2 and introducing
evidence to prove the alternative allegations.

NRS 193.170Prohibited act is misdemeanor when no penalty imposed.Whenever the performance of any act is
prohibited by any statute, and no penalty for the violation of such statute is
imposed, the committing of such act shall be a misdemeanor.

[1911 C&P § 23; RL § 6288; NCL § 9972]

NRS 193.190To constitute crime there must be unity of act and intent.In every crime or public offense there must
exist a union, or joint operation of act and intention, or criminal negligence.

[1911 C&P § 6; RL § 6271; NCL § 9955]

NRS 193.200Intent: How manifested.Intention
is manifested by the circumstances connected with the perpetration of the
offense, and the sound mind and discretion of the person accused.

[1911 C&P § 7; RL § 6272; NCL § 9956]

NRS 193.210When person considered to be of sound mind.A person is of sound mind who is not affected
with insanity and who has arrived at the age of 14 years, or before that age if
the person knew the distinction between good and evil.

NRS 193.220When voluntary intoxication may be considered.No act committed by a person while in a state
of voluntary intoxication shall be deemed less criminal by reason of his or her
condition, but whenever the actual existence of any particular purpose, motive
or intent is a necessary element to constitute a particular species or degree
of crime, the fact of the person’s intoxication may be taken into consideration
in determining the purpose, motive or intent.

NRS 193.230Lawful resistance to commission of public offense: Who may make.Lawful resistance to the commission of a
public offense may be made:

1. By the party about to be injured.

2. By other parties.

(Added to NRS by 1967, 1469)

NRS 193.240Resistance by party about to be injured.Resistance sufficient to prevent the offense
may be made by the party about to be injured:

1. To prevent an offense against his or
her person, family or some member of his or her family.

2. To prevent an illegal attempt, by
force, to take or injure property in his or her lawful possession.

(Added to NRS by 1967, 1469)

NRS 193.250Resistance by other persons.Any
other person, in aid or defense of a person about to be injured, may make
resistance sufficient to prevent the offense.

(Added to NRS by 1967, 1469)

NRS 193.260Persons acting by command of officers of justice.Whenever the officers of justice are
authorized to act in the prevention of public offenses, other persons, who by
their command act in their aid, are justified in so doing.

(Added to NRS by 1967, 1469)

NRS 193.270Acts punishable under foreign law.An
act or omission punishable as a crime in this state is not less so because it
is also punishable under the laws of another state, government or country,
unless the contrary is expressly declared in the law relating thereto.

NRS 193.280Defendant allowed to introduce in evidence foreign acquittal.Whenever, upon the trial of any person for a
crime, it appears that the offense was committed in another state or country,
under such circumstances that the courts of this state had jurisdiction
thereof, and that the defendant has already been acquitted upon the merits,
upon a criminal prosecution under the laws of such state or country, founded
upon the act or omission with respect to which the defendant is upon trial,
such former acquittal may be introduced in evidence by the defendant in the
trial.

NRS 193.290Conviction or acquittal in other county is sufficient defense.Whenever, upon the trial of any person for a
crime, it shall appear that the defendant has already been acquitted or
convicted upon the merits, of the same crime, in a court having jurisdiction of
such offense in another county of this state, such former acquittal or
conviction is a sufficient defense.

NRS 193.300Punishment for contempt.A
criminal act which at the same time constitutes contempt of court, and has been
punished as such, may also be punished as a crime, but in such case the
punishment for contempt may be considered in mitigation.

NRS 193.310Sending letters: When offense deemed complete; venue.Whenever any statute makes the sending of a
letter criminal, the offense shall be deemed complete from the time it is
deposited in any post office or other place, or delivered to any person with
intent that it shall be forwarded; and the sender may be proceeded against in
the county wherein it was so deposited or delivered, or in which it was
received by the person to whom it was addressed.

NRS 193.320Omission to perform duty: When not punishable.No person shall be punished for an omission to
perform an act when such act has been performed by another acting in the
person’s behalf and competent to perform it.

1. An act done with the intent to commit a
crime, and tending but failing to accomplish it, is an attempt to commit that
crime. A person who attempts to commit a crime, unless a different penalty is
prescribed by statute, shall be punished as follows:

(a) If the person is convicted of:

(1) Attempt to commit a category A felony,
for a category B felony by imprisonment in the state prison for a minimum term
of not less than 2 years and a maximum term of not more than 20 years.

(2) Attempt to commit a category B felony
for which the maximum term of imprisonment authorized by statute is greater
than 10 years, for a category B felony by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 10
years.

(3) Attempt to commit a category B felony
for which the maximum term of imprisonment authorized by statute is 10 years or
less, for a category C felony as provided in NRS
193.130.

(4) Attempt to commit a category C felony,
for a category D felony as provided in NRS 193.130,
or for a gross misdemeanor by imprisonment in the county jail for not more than
364 days, or by a fine of not more than $2,000, or by both fine and
imprisonment.

(5) Attempt to commit a category D felony,
for a category E felony as provided in NRS 193.130,
or for a gross misdemeanor by imprisonment in the county jail for not more than
364 days, or by a fine of not more than $2,000, or by both fine and
imprisonment.

(6) Attempt to commit a category E felony,
for a category E felony as provided in NRS 193.130,
or for a gross misdemeanor by imprisonment in the county jail for not more than
364 days, or by a fine of not more than $2,000, or by both fine and
imprisonment.

(b) If the person is convicted of attempt to
commit a misdemeanor, a gross misdemeanor or a felony for which a category is
not designated by statute, by imprisonment for not more than one-half the
longest term authorized by statute, or by a fine of not more than one-half the
largest sum, prescribed upon conviction for the commission of the offense
attempted, or by both fine and imprisonment.

2. Nothing in this section protects a
person who, in an unsuccessful attempt to commit one crime, does commit another
and different one, from the punishment prescribed for the crime actually
committed. A person may be convicted of an attempt to commit a crime, although
it appears on the trial that the crime was consummated, unless the court in its
discretion discharges the jury and directs the defendant to be tried for the
crime itself.

1. A provider of Internet service who
violates the provisions of 18 U.S.C. § 2703 is guilty of a misdemeanor and
shall be punished by a fine of not less than $50 or more than $500 for each
violation.

2. In investigating criminal activity that
involves or may involve the use of a computer, the Attorney General, a district
attorney, the sheriff of any county in this State, the head of any organized
police department of any municipality in this State, the head of any department
of this State engaged in the enforcement of any criminal law of this State and
any sheriff or chief of police of a municipality may, if there is reasonable
cause to believe that an individual subscriber or customer of a provider of
Internet service has committed an offense through the use of the services of
the provider of Internet service, issue a subpoena to carry out the procedure
set forth in 18 U.S.C. § 2703 to compel the provider of Internet service to
provide information concerning the individual subscriber or customer that the
provider of Internet service is required to disclose pursuant to 18 U.S.C. §
2703.

3. If a person who has been issued a
subpoena pursuant to subsection 2 charges a fee for providing the information,
the fee must not exceed the actual cost for providing the information.

4. If a person who has been issued a
subpoena pursuant to subsection 2 refuses to produce any information that the
subpoena requires, the person who issued the subpoena may apply to the district
court for the judicial district in which the investigation is being carried out
for the enforcement of the subpoena in the manner provided by law for the enforcement
of a subpoena in a civil action.

5. As used in this section, “provider of
Internet service” has the meaning ascribed to it in NRS 205.4758, but does not include a
public library when it is engaged in providing access to the Internet.